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Kidd, Michael --- "The Right of Access to Water in South Africa" [2012] ELECD 647; in Le Bouthillier, Yves; Cohen, Alfie Miriam; Gonzalez Marquez, Juan Jose; Mumma, Albert; Smith, Susan (eds), "Poverty Alleviation and Environmental Law" (Edward Elgar Publishing, 2012)

Book Title: Poverty Alleviation and Environmental Law

Editor(s): Le Bouthillier, Yves; Cohen, Alfie Miriam; Gonzalez Marquez, Juan Jose; Mumma, Albert; Smith, Susan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781003282

Section: Chapter 3

Section Title: The Right of Access to Water in South Africa

Author(s): Kidd, Michael

Number of pages: 13

Extract:

3. The right of access to water in South
Africa
Michael Kidd

We live in a society in which there are great disparities in wealth. Millions of people
are living in deplorable conditions and in great poverty. There is a high level of
unemployment, inadequate social security, and many do not have access to clean
water or to adequate health services. These conditions already existed when the
Constitution was adopted and a commitment to address them, and to transform our
society into one in which there will be human dignity, freedom and equality, lies at
the heart of our new constitutional order. For as long as these conditions continue
to exist that aspiration will have a hollow ring.1



3.1 INTRODUCTION

In 2008, only 70.9 per cent of South African households had access to water
on site, and 7.7 per cent had no toilet facilities (Statistics South Africa, 2008).
Most households lacking water and sanitation are black, mainly living in peri-
urban and rural areas. Women and children, who spend time and effort in
fetching water, are vulnerable to avoidable diseases resulting from inadequate
sanitation and lack of clean water (DWAF, 1997). Clearly, one of the manifes-
tations of poverty is inadequate access to water and the resolution of this prob-
lem is one step towards alleviation of poverty. Not only is inadequate access a
symptom of poverty, but it also further entrenches existing poverty and disem-
powerment (Barrett and Jaichand, 2007, p. 544).
The right to ...